Appellate Division: Second Judicial Department

M51640

S/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2006-07682, 2006-07686, 2006-07687 Metropolitan Heat & Power Co., Inc., appellant, v AIG Claims Services, Inc., et al., respondents. (Index No. 45790/02)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated February 28, 2006 (Appellate Division Docket No. 2006-07682), and an amended order of the same court dated March 28, 2006, as amended July 19, 2006 (Appellate Division Docket No. 2006-07686).

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the order dated February 28, 2006, is dismissed, without costs or disbursements, as that order was superseded by the amended order dated March 28, 2006, as amended July 19, 2006; and it is further,

ORDERED that the appeal pending under Appellate Division Docket No. 2006-07687 is dismissed, without costs or disbursements, as that appeal is a duplicate of the appeal pending under Appellate Division Docket No. 2006-07686; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal pending under Appellate Division Docket No. 2006-07686 is enlarged until April 4, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SCHMIDT, J.P., SPOLZINO, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court